Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

Convention On The Rights Of Persons With Disabilities - Testimony Of Timothy L. Meyer Before The U.S. Senate Committee On Foreign Relations, Timothy L. Meyer Nov 2013

Convention On The Rights Of Persons With Disabilities - Testimony Of Timothy L. Meyer Before The U.S. Senate Committee On Foreign Relations, Timothy L. Meyer

Presentations and Speeches

Testimony of Timothy L. Meyers before the U.S. Senate Foreign Relations Committee on November 5, 2013 concerning the Convention on the Rights of Persons with Disabilities.


Lawyers And Precedent, Harlan G. Cohen Nov 2013

Lawyers And Precedent, Harlan G. Cohen

Scholarly Works

Despite common references to the “invisible college of international lawyers,” and the doctrinal role granted to “the most highly qualified publicists of the various nations,” the role of lawyers, as lawyers, in the creation, development, and maintenance of the international legal order remains oddly underexplored. This short essay, prepared as part of a symposium on “The Role of Non-State Actors in International Law,” explores the role of lawyers as independent actors within international law. It argues that focusing on lawyers can help provide insights into how international law develops — specifically here, how and why a practice of precedent seems …


The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl Oct 2013

The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl

Georgia Journal of International & Comparative Law

No abstract provided.


The Conundrum Of Corporate Liability Under The Alien Tort Statute, Joel Slawotsky Oct 2013

The Conundrum Of Corporate Liability Under The Alien Tort Statute, Joel Slawotsky

Georgia Journal of International & Comparative Law

No abstract provided.


Remedial Secession: What The Law Should Have Done, From Katanga To Kosovo, Thomas W. Simon Oct 2013

Remedial Secession: What The Law Should Have Done, From Katanga To Kosovo, Thomas W. Simon

Georgia Journal of International & Comparative Law

No abstract provided.


Unlocking The Mysteriousness Of Complementarity: In Search Of A Forum Conveniens For Trial Of The Leaders Of The Lord's Resistance Army, Alhagi Marong Oct 2013

Unlocking The Mysteriousness Of Complementarity: In Search Of A Forum Conveniens For Trial Of The Leaders Of The Lord's Resistance Army, Alhagi Marong

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Significant Ambiguity In The Npt: A Continuing Issue, David S. Jonas Oct 2013

Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Significant Ambiguity In The Npt: A Continuing Issue, David S. Jonas

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Countering Proliferation: Wmd On The Move, Charles Allen Oct 2013

Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Countering Proliferation: Wmd On The Move, Charles Allen

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Keynote Address, Larry D. Johnson Oct 2013

Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Keynote Address, Larry D. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal Of International And Comparative Law Oct 2013

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

This is the Table of Contents for volume 40, issue 1.


Orbital Debris: Out Of Space, Meghan R. Plantz Oct 2013

Orbital Debris: Out Of Space, Meghan R. Plantz

Georgia Journal of International & Comparative Law

No abstract provided.


Speaking Of Secession: A Theory Of Linguistic Secession, Sami M. Dudar Oct 2013

Speaking Of Secession: A Theory Of Linguistic Secession, Sami M. Dudar

Georgia Journal of International & Comparative Law

No abstract provided.


Re-Examining The Falkland Islands War: The Necessity For Multi-Level Deterrence In Preventing Wars Of Aggression, Steven G. Stransky Oct 2013

Re-Examining The Falkland Islands War: The Necessity For Multi-Level Deterrence In Preventing Wars Of Aggression, Steven G. Stransky

Georgia Journal of International & Comparative Law

No abstract provided.


Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston P. Nagan, Aitza M. Haddad Oct 2013

Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston P. Nagan, Aitza M. Haddad

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal Of International And Comparative Law Oct 2013

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

This is the Table of Contents for volume 40, issue 2.


The Kosovo Case: An Argument For A Remedial Declaration Of Independence, Samuel Ethan Meller Oct 2013

The Kosovo Case: An Argument For A Remedial Declaration Of Independence, Samuel Ethan Meller

Georgia Journal of International & Comparative Law

No abstract provided.


Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry Oct 2013

Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry

Georgia Journal of International & Comparative Law

No abstract provided.


You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley Oct 2013

You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal Of International And Comparative Law Oct 2013

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

This is the Table of Contents for Volume 40, Issue 3.


Book Review: Reimagining Child Soldiers In International Law And Policy By Mark A. Drumbl., Diane Marie Amann Jul 2013

Book Review: Reimagining Child Soldiers In International Law And Policy By Mark A. Drumbl., Diane Marie Amann

Scholarly Works

Book review of Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl(New York: Oxford Univ. Press, 2012).


International Law And The Future Of Peace, Diane Marie Amann Apr 2013

International Law And The Future Of Peace, Diane Marie Amann

Presentations and Speeches

These remarks, delivered at the April 4, 2013, luncheon of the American Society of International Law Women in International Law Interest Group, reflects on contributions of Jane Addams and other members of the early 20th C. peace movement as a means to explore law and practice related to the contemporary use of force and armed conflict.


International Law’S Erie Moment, Harlan G. Cohen Apr 2013

International Law’S Erie Moment, Harlan G. Cohen

Scholarly Works

Who fills international law’s gaps? Whether over the meaning of bilateral investment treaties, the standards regarding detainee transfer, or the rules of non-international armed conflict, courts and states are increasingly in conflict over the authority to say what the law is. With international law’s increased judicialization, two competing visions of international law have emerged: One, a gap-filled international law, in which law is developed slowly through custom, argument, and negotiation, and a second, gap-less, in which disputes are resolved through a form of common law adjudication.

Drawing on growing literature on the law outside of courts, particularly out-of-court settlements, the …


Newsletter, Fall 2013, Vol. 8, Issue 1, The Dean Rusk International Law Center Jan 2013

Newsletter, Fall 2013, Vol. 8, Issue 1, The Dean Rusk International Law Center

Newsletters

Cuban Embargo Conference Sparks Spirited Debate; Director's Note; Lectures; American Society of International Law Midyear Meeting; International Law in a Time of Scarcity; 2013 Georgia Law Summer Program in Brussels & Geneva; Enjoying the Full Experience of Oxford; Far-Flung Adventures in the Global Internship Program; Summer in China Yields Insights; Brazilians Participate in International Judicial Training; Rusk Center Inaugurates Transnational Law Program; International Law Colloquium Series; Faculty Exchange with German University; International Law Faculty Updates; Student President of ILSA Is A Georgia Law 3L; LL.M. Class of 2014 Welcomed; Spotlight on Alumni in International Law: Audrey Winter, J.D. '80.


Children And The First Verdict Of The International Criminal Court, Diane Marie Amann Jan 2013

Children And The First Verdict Of The International Criminal Court, Diane Marie Amann

Scholarly Works

Child soldiers were a central concern in the first decade of the International Criminal Court; indeed, the court’s first trial, Prosecutor v. Lubanga, dealt exclusively with the war crimes of conscripting, enlisting, and using child soldiers. This article compares the attention that the court has paid to children – an attention that serves the express terms of the ICC Statute – with the relative inattention in post-World War II international instruments such as the statutes of the Nuremberg and Tokyo tribunals. The article then analyzes the Lubanga conviction, sentence, and reparations rulings. It recommends that the ICC focus attention on …


International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen Jan 2013

International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen

Scholarly Works

Does international law have the resources to manage, if not solve, this complex global problem of scarcity? Different areas of international law governed by different regimes have their own ways of conceptualizing and managing scarcity. International human rights law may frame the problem as one of individual economic and social rights or as one of the right of indigenous groups. For the most part though, these models from different areas of international law operate in isolation from one another, following their own internal logics.

The problem of scarcity has started to get the attention of international law scholars and experts, …


Persuasion Treaties, Melissa J. Durkee Jan 2013

Persuasion Treaties, Melissa J. Durkee

Scholarly Works

All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties along a fault line: Treaties that govern the behavior of state parties and their agents fall on one side. Treaties in the second category — those I call “persuasion” treaties — commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas …


A Janus Look At International Criminal Justice, Diane Marie Amann Jan 2013

A Janus Look At International Criminal Justice, Diane Marie Amann

Scholarly Works

Invoking the name of Janus, the Roman god who looked simultaneously at the past and the future, this article examines international criminal justice at a watershed moment, when a number of 20-year-old ad hoc tribunals were winding down even as the International Criminal Court was entering its teen years. First explored are challenges posed by politics – that is, the need to secure cooperation from states and from the U.N. Security Council – and economics – that is, the need to work within budgetary constraints. The article then surveys significant developments in each of a half-dozen international criminal courts and …